Abs,
This may be a shade off topic, but you keep telling us the law should be changed.
QUOTE(Abs like Jesus @ Aug 25 2003, 03:18 PM)
QUOTE(Curmudgeon @ Aug 25 2003 @ 02:52 PM)
On what grounds would you suggest that I go to our Michigan legislators and say that bestiality should be made legal?
I thought I had made this clear:
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"The... statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual. (ANY Americans) are entitled to respect for their private lives. The state cannot demean their existence or control their destiny by making their private sexual conduct a crime."
EditedLaissez Faire government is not a real world option in today’s United States. There are a number of theories of how government should function, such as Capitalism, Socialism, Democracy, Republics, Communism, Libertarianism, Fundamentalist Religions, etc. The concept that he who governs least, governs best is all well and good; but in the real world, with a few exceptions, laws are passed through the legislative branches and signed into law by the executive branches in this country. They are then subject to review or enforcement by the Judicial Branch.
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Laws are like sausages. It's better not to see them being made.
--Otto von Bismarck
Our legislators are elected. Our Governors are elected. For the most part, our Presidents are elected. Even faced with term limits, most of them look forward to a continued career in politics, through lobbying jobs, as advisers, or writing books. They try to enact laws which appear to be in the general interest of the populace, but they are also dealing continuously with lobbyists. Let me illustrate this from personal experience:
OSHA
I worked for an employer that was very proud of its safety program and low injury rates. Their workmen’s compensation rates, however, reflected general industry. In order to level the playing field, they allied themselves with labor unions and like minded large corporations and lobbied successfully for the Occupational Safety and Health Act.
Faced with rising health care costs, they sought to reduce off the job injuries as well. This was accomplished in part by educating employees and their families. They also lobbied successfully for mandatory seat belt usage, Baby seats, and Child Seats and Restraints in automobiles, motorcycle helmet laws, and home safety standards. Those are the legislative battles that I was aware of. I’m certain there were many more.
My ex wife was a licensed home day care provider. As such, organizations she worked with asked her to help lobby for Child restraints, Mandatory Seat Belt Usage, Mandatory use of Baby Seats, etc. Thus periodically, she would travel to Lansing to testify before appropriate committees. She became acquainted with a legislator by the name of David Hollister. The sign on his wall or his desk, it’s been a couple decades, read:
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“For every human problem, there is a neat, simple solution; and it is always wrong”
--H. L. Mencken, Mencken's Metalaw
He asked for her help when people wanted to eliminate day care licensing, and simply provide for the necessity for them to register with the government. For a couple of years, I would take a day’s vacation while she went to Lansing to testify before committees on the benefits of licensing. Ultimately, it reached a point where one woman was testifying for Registration, and my wife was testifying that the licensing process allowed the state to do background checks, place safety requirements, do home inspections etc. to protect the children. One month the other woman didn’t appear to testify. A bill was reported out of committee which in essence continued all of the licensing requirements, but renamed it Day Care Registration. Once out of committee, it went through both houses and on to the Governor’s desk in about a week.
I met David Hollister at a lecture on child abuse once. I discussed people that my mother had interacted with who felt obligated to protect confidentiality. Michigan law now says that teachers, Doctors, ministers, and others who interact with children professionally must report suspected child abuse. One of my daughter’s teachers objected to that concept with an argument that she suspected abuse every time she met a teenager. She assigned all of her students to outline the abuse they received from parents, relatives, ministers, etc. At the end of the day, she turned in several hundred complaints as a way to clog the system and make it unworkable. So… My wife was charged with child abuse, investigated, and cleared.
On a simple scale, that is how laws are changed legislatively.
In real life, it’s more complex. Large corporations, large or important donors, friends, etc. may approach a Congressman with a bill completely drafted and ready for a vote. Favors are traded, votes are traded, party obligations are called in, and people are asked to write letters to their congressmen and their newspapers. What we are debating in these forums is read, and people react to it. By pointing out that bestiality is legal in 26 states, you may have started someone on a campaign to change that.
You have asked me if I would sentence someone to 15 years in prison for such behavior. In my state, the length of a sentence is determined by the judge in a separate hearing after a person is found guilty. As a layman, I have absolutely no influence over sentencing.
Once a person is arrested, and a DA files a complaint, the court system enters into the process. At this point, the alleged perpetrator can choose to represent himself, ask for a public defender, or hire a private attorney. His options in Michigan are to plead guilty, plead guilty with an explanation, plead nolo contendere, or plead not guilty. If he pleads not guilty, he is entitled to a jury trial if charged with a felony where the conviction could result in more than one year in prison. (At least this is the guideline I have been given every time that I was on jury duty.) He may also choose to stand trial before a judge. Every time I was on jury duty, I found myself listening to a public defender that was more wrapped up in his skills as a barrister than willing to realize that his client might actually go to prison. The classic was a man accused of indecent exposure. He was arrested wearing Bermuda shorts, but two young girls testified they had been able to see his private parts. If the attorney had left his client off the stand, we likely would have let him off. He allowed his client however to leave the witness box, while still under oath and walk along the rail of the jury box so that we could see what the young girls had seen. (Yes he really was that well equipped.)
The private attorney who says “I can probably plead this down from my office for $300 an hour or represent you in court for $1,000 an hour.” may be fascinated by your arguments on what the ideal law should accomplish under an ideal government. He may happily espouse your arguments until you go broke, but that is no guarantee that a judge or an appeals court will accept those arguments. As a juror, nothing in this thread would persuade me that I should argue for the jury to overturn the law.
One can’t file an appeal unless one is convicted after pleading not guilty. To the best of my knowledge, only if it reaches an appeal stage, can anyone but a legislator legally challenge a law on Constitutional grounds. The last case that I followed with interest as it was challenged by private citizens on Constitutional grounds; was when the wealthy subdivision near the hospital in Midland was ordered by the city to install public sidewalks at homeowner’s expense. In order to maintain ownership of their homes, they had to post a bond equal to the assessed cost of installing the sidewalks, pay their attorneys and post a bond equal to the city’s legal fees as they fought it clear to the United States Supreme Court, and lost. They now have some very expensive sidewalks in that subdivision.
You have argued that we should not find bestiality illegal, that the law should be changed, etc. I found it a repugnant topic of conversation thirty years ago, and you have done nothing to change my mind. I see no compelling public interest in finding a new way to spread zoonoses. If you wish to take up this battle and change the law, it is a long and fascinating process. Elspeth and I will be contacting the appropriate Congressmen though to explain our opposition if those proposed changes would effect Michigan. I have seen no reason why we, as citizens who find the practice repugnant, should contact our legislators and argue for legalizing the behavior. It would be a totally inconsistent and irrational behavior on our part.